CAT/C/51/D/441/2010
entered into force within appeal/cassation proceedings. Consequently, the complainant or
his lawyers could and still can challenge the judgment of the court before the Supreme
Court. Under article 464 of the code, following a preliminary examination, the court adopts
a decision either on the initiation of supervisory review proceedings or on their refusal, or
to return the complaint. In this regard, it points out that such a decision is adopted
collegially by three judges and not by the Chair of the Supreme Court. As to the
complainant’s argument that submitting a complaint to the Supreme Court within the
supervisory proceedings would have been in vain, as D.T,’s request was unsuccessful, the
State party observes that each complaint regarding supervisory proceedings is examined
separately without consideration of the outcome of other examinations. Moreover, even if
the complainant was referred to as a “convict” by a Supreme Court judge, nothing indicated
that he was prevented from submitting a complaint within the supervisory proceedings. In
addition, the State party disagrees that submitting a complaint to the Supreme Court would
have been an ineffective remedy. It points out that in 2010, 48 persons were acquitted in the
framework of the supervisory review proceedings, while during the first half of 2011, 13
persons were acquitted.
6.7
The State party adds that the domestic investigation met the requirements of
promptness, independence, impartiality, thoroughness and effectiveness, as required by the
Convention. The investigation was carried out in accordance with national legislation. The
preliminary examination of the complainant’s claims of torture was later examined by a
prosecutor. The prosecutor found the complainant’s allegations groundless. In this
connection, the State party notes that neither the complainant nor his lawyers appealed
against this decision. In any case, the very fact that the Prosecutor’s Office refused to
initiate criminal proceedings concerning the complainant’s claims of torture does not
demonstrate that his complaint was not examined objectively. Furthermore, all investigative
actions within the pretrial investigation were carried out in the presence of the
complainant’s lawyer and all evidence was obtained in accordance with national law.
Forensic medical examinations were performed on the complainant, the results of which did
not demonstrate that the complainant had been subjected to torture. The State party points
out that according to forensic examination report No. 2416 of 19 December 2008, in which
his handwriting was examined, it could not be established that the complainant’s written
confessions were made under any extraordinary circumstances and nothing indicated that
he had written that statement while being in an extraordinary psychological state. The State
party believes that the complainant’s allegations that he had been subjected to torture
constituted a defence strategy aimed at obstructing the investigation of the crimes he had
been accused of.
6.8
The State party also points out that the results of the internal investigation
concerning the complainant’s allegations of torture were examined, inter alia, by the court
of first instance. During the trial, the forensic medical experts confirmed that they had not
received any complaints from the complainant regarding his alleged ill-treatment by the
police and confirmed that he had no injuries. The State party also notes that during the trial,
law enforcement officers and experts who had examined the complainant were questioned
regarding his allegations. It adds that the appeal court also examined the complainant’s
allegations, but found them unjustified. In this connection, it recalls that the courts are
independent and guided only by the constitution and the laws and that the complainant’s
case was adjudicated in accordance with these principles. The State party also notes that the
complainant was not present when his appeal was examined, pursuant to article 408, para.
2, of the criminal procedure code. However, he was duly represented by a lawyer.
6.9
It further explains the procedure for submitting complaints concerning decisions and
actions of the investigator, prosecutor, court or judge as set out under articles 103 and 109
of the criminal procedure code. It points out that pursuant to article 105 of the code,
complaints about decisions or actions of investigators are to be submitted to the prosecutor
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